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ZUTT v. STATE

2009-10586.

80 A.D.3d 758 (2011)

915 N.Y.S.2d 496

WILLIAM A. ZUTT et al., Respondents, v. STATE OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 25, 2011.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court properly granted the plaintiffs' motion for summary judgment on their cause of action to permanently enjoin the defendant from continuing to drain storm water runoff onto their property (see Higgins v Village of Orchard Park, 277 A.D.2d 989, 991 [2000], cf. Warm v State of New York, 308...

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